Terms & Conditions

You are connected to the site http://www.beton-concept.com

Any order placed for a product featured in the Internet Boutique of Beton Concept Design presupposes the prior consultation of the following general Terms and Conditions of Sale.

You can only order a product if you accept all of the terms laid out below.

The following terms and conditions should be read attentively.

They govern the sale of products on the website of Beton Concept Design.

The present Terms and Conditions of Sales state in full all the obligations of the parties involved.

The act of placing an order signifies the entire and unqualified compliance of the Customer with the present Terms and Conditions.

The customer accepts that the activation of the “validation click” after filling in his or her order form constitutes irrevocable demonstration of his or her consent.

The selected products will have previously figured in a summary account displayed on the screen.

The photos representing the products do not enter into the contractual field.

The present general Terms and Conditions of Sales are set out as follows:

INTRODUCTION
OBJECT
ACCEPTANCE OF THE ORDER
CONFIRMATION OF THE ORDER
DURATION OF THE OFFER
PRICE - INVOICE
PAYMENT
NON-PAYMENT - RETENTION OF PROPERTY
RIGHT OF RETRACTION – RETURNS, REIMBURSEMENT
DELIVERY
DELIVERY DELAYS AND PRODUCT UNAVAILABILITY
COMPLAINTS
GUARANTEE
PERSONAL DATA
ELECTRONIC SIGNATURE
PROOF OF SALE
INTELLECTUAL PROPERTY
INTEGRALITY OF THE CONTRACT
NON-VALIDITY
LITIGATION

I acknowledge having read and approved each of the clauses constituting these general Terms and Conditions of Sales.

My acceptance becomes conclusive with the electronic signature produced by the "validation click" and with the full payment of the total cost of my order before delivery.

1. INTRODUCTION

The Internet boutique of Beton Concept Design set up by the mark beton concept states the following information:

• Identification of the company:

BETON CONCEPT DESIGN

59. Quai Bernard 38200 VIENNE

VAT n° FR 22 505 364 539

SIRET N°: 505 364 539 00013 RCS VIENNE

E-mail: contact@beton.concept.com

• Presentation of the main characteristics of the offered products

• Indication, in euros, of the price of the product, all taxes included (+ costs of delivery in the case where delivery costs are not included in the sales price).

• Indication of the methods of payment, delivery and execution.

• Existence of a right of retraction

• Period of validity of the offer and the price

Only the French version is contractual.

The Customer acknowledges, prior to passing his or her order, having read and accepted all of the information constituting the general Terms and Conditions of Sales and the extent of the present contract’s provisions.

The Customer, moreover, declares that he or she has the capacity to conclude the present contract.

The Customer, prior to the ordering of any product, declares that the acquisition of the said product(s) has no direct connection with his or her professional activity, product acquisition being reserved for personal use on is or her part.

As a consumer the customer has specific rights that can be called into question in the case where the product(s) acquired through the Internet boutique bear in reality some relation to his or her professional activity.

2. OBJECT

The present General Terms and Conditions of Internet Sales have as their object defining the rights and obligations of the parties within the scope of the sale by Internet of the products offered on this Web site to the Customers.

The offer is valid as long as stocks last.

3. ACCEPTANCE OF THE ORDER

Any order form signed by the Customer with the "validation click" constitutes an irrevocable acceptance by the customer that cannot be called into question except in the restrictive cases laid out in the present contract in the clauses dealing with “right of retraction” and “execution of the order”.

Upon confirmation of the order sent by Beton Concept Design to the user via e-mail, the user becomes the Customer.

The following contractual documents:

• the general Terms and Conditions of Sales

• the order form

• the invoice serving as guarantee

have a decreasing hierarchic legal weight. The "validation click" combined with the procedure of authentication and non-repudiation and with the protection of the integrity of the messages constitutes an electronic signature.

This electronic signature has the validity between the parties of a written signature. The order will be executed within the time period specified in the Web site and at the time of the confirmation of the order by Beton Concept Design and in any case within thirty days following confirmation of the order, subject to availability of the ordered product and unless otherwise specifically agreed between the parties.

4. CONFIRMATION OF THE ORDER

The conclusion of the contract will only be final at the time of confirmation of the order by Beton Concept Design.

The customer will receive by e-mail, fax or post an acknowledgement of receipt of the order bearing confirmation of the order with all the constituent elements of the contract (products ordered, price, delivery time, shipping and handling costs…)

This confirmation by email signifies the acceptance by Beton Concept Design of the order and of the mode of payment.

Beton Concept Design reserves the right to not confirm an order for whatever reason, notably due to either a problem with product supply or a problem with the order received.

5. DURATION OF THE OFFER

The offers on this site are valid as long as the products presented remain on-line and while stocks last.

Because Beton Concept Design markets many items of limited series, and therefore by definition in great demand and there being no additional production of such items, no compensation of any form will be made for a product ordered of which stock has run out and which is thus undeliverable.

6. PRICE – INVOICE

The prices are given on the Website in Euros.

The guaranteed price for the purchaser is that given on the Website at the time of purchase and for a period of 30 days.

The price fixed at the time of purchase is firm, and does not take into account delivery costs, which are billed extra.

The price includes the VAT applicable on the day of ordering.

They are indicated for the customer with the VAT included for delivery within the European Union.

Any change in the applicable rate can be passed on to the sales price of the products presented on the Website.

The payment of the total price is due with the order.

In the event of a delivery outside the European Union, customs tax and formalities are the exclusive responsibility of the Customer, unless otherwise stated.

The Customer is solely responsible for the verification of the possibility of importing the ordered Product(s) in regards to the law in the territory of the country of delivery

An invoice will be made out by Beton Concept Design to the address specified by the customer and sent with the order.

7. PAYMENT

The payment of the total price is due with the order.

The customer commits him or herself to paying the price stipulated on the order form (price of the products plus delivery costs) as well as paying or ensuring payment, if the need arises, and this directly to the freight agent or transport handler, of the customs duties, the VAT and other taxes owed in the case of importation of the products into the country of delivery.

The payment is made, at the time of the order, by bank or credit card as put forward on the Website, by bank transfer or by French cheque.

However, Beton Concept Design reserves the right to demand a payment by bank transfer or certified cheque for any sums greater than 200.00 €, in particular for a first order or a delivery outside of France.

The cards CARTE BLEUE, VISA, MASTERCARD are accepted.

In order to ensure the safety of the payments, the Web site of Beton Concept Design uses the secure payment services of Paypal.

The services incorporate the SSL security and safety standards.

Confidential data (credit card n° of 16 figures, expiry date) are transmitted coded by the servers of the banking establishments and are not transmitted by the server for Beton Concept Design. At no time does Beton Concept Design have communication of your banking information.

In the case of payment by credit or debit card as put forward on the Web Site upon the sending of the order form to Beton Concept Design, the measures concerning fraudulent use of the means of payment, provided for in the contracts concluded between the Customer and the establishment which issued the card and between Beton Concept Design and its banking establishment, will apply.

The Customer guarantees the company Beton Concept Design that he or she possesses all authorization possibly necessary for using the payment method by credit or debit card at the time of the validation of the order form.

The information relating to the credit or debit card is neither held nor kept by Beton Concept Design during the payment.

The validation of the order by means of the credit card number and the expiry date constitutes a mandate to pay the price given on the invoice (taxes and delivery costs included) that the payment server transmits to the Customer’s credit establishment.

In the case of a dispute concerning a part of the invoicing, the sum that is not a subject of discussion must be paid when due.

Payments by French cheque must be made out in euros and made payable to Beton Concept Design and sent to the following address: Beton Concept Design

59 Quai Claude Bernard

38200 VIENNE

FRANCE

Failure to receive a cheque or bank transfer within 8 days following the confirmation of the order or in the case of rejection of the cheque by the bank, Beton Concept Design reserves the right to cancel the order.

8. NON-PAYMENT – RETENTION OF PROPERTY

The products ordered remain the property of Beton Concept Design until definitive and total payment of their price, in accordance with the law n° 80 335 of May 12, 1980.

Beton Concept Design reserves the right to claim back the ordered products in the case of a non-payment.

In this event and upon first request by Beton Concept Design, the customer shall undertake to return any unpaid-for product, bearing all costs involved.

9. RIGHT OF RETRACTION – RETURNS, REIMBURSEMENT

The customer has, in a period of seven working days starting from the day of delivery of the ordered product(s), the right to return, at his or her cost, for an exchange or reimbursement, the products that do not suit him or her according to L 121-16 of the consumer protection code (code de la consommation).

The returned product must be returned in its original state and packaging.

It must neither have been used nor subjected to deterioration however minor that may be and must be in a state of perfect cleanliness.

Beton Concept Design will proceed with the reimbursement of the merchandise within a period of 30 days following the return of the products, after deductions being made for credit card fees if there are any and shipping and handling costs if there have been any and after verification of the merchandise on the condition that it is in a perfect state and in its original packaging.

For this purpose, the customer will communicate his or her banking details.

In the case of deterioration of the merchandise or its packaging, a deduction can be made according to the damage and within a limit of 50%.

10. DELIVERY

The delivery is considered carried out upon handing over of the merchandise to the transport handler.

The delivery slip presented by the transport handler, dated and signed by the customer at the time of delivery of the product, constitutes proof of transport and delivery.

Upon delivery, the customer must verify the contents, the conformity and the condition and state of the product(s).

In the case of delays, damage, partial or total loss, or any other problem, it is up to the customer to exercise any and all recourse against the transport handler without the responsibility of Beton Concept Design ever being called into question.

For this reason, Beton Concept Design recommends that the customer, at the time of delivery, proceed with the verification of the condition of the delivered product(s) before signing the acknowledgement of receipt of the parcel.

If the customer sees any anomalies or faults, the customer should refuse the delivery of the parcel or draw up and date his or her written and specific reserves.

These reserves must be confirmed with the transport company by registered letter with acknowledgement of receipt in the three (3) working days following the delivery of the parcel.

A copy must be addressed to Beton Concept Design.

The transfer of risks to the customer takes place upon the handing over of the products by Beton Concept Design to the transport company.

The products are shipped at the customer’s risks.

Likewise in the case of the sending or return of products carriage-paid.

All our shipments are carried out by recorded delivery in reinforced packaging.

Owing to the costs incurred, a contribution towards expenses is demanded.

A confirmation of the departure of your order is sent by e-mail.

In the case of a multiple order bringing together products comprising different delivery dates, the products will be sent one by one, as long as each part of the order exceeds the minimum for a carriage-paid delivery.

Failing that, and unless otherwise expressly agreed, the remainder of the order will be sent once complete.

The customer has the possibility of having the product(s) sent to another address, the invoice being sent to the payer.

11. DELIVERY DELAYS AND PRODUCT UNAVAILABILITY

In the case of the unavailability of the ordered product, the Customer will be informed as quickly as possible and will have the option:

1) for a delivery delay not exceeding 30 days:

of waiting for the availability of the product or using a credit against a subsequent order.

2) for a delivery delay exceeding 30 days :

of waiting for the availability of the product or using a credit against a subsequent order, or requesting the reimbursement of the price of the unavailable merchandise.

3) in the case of definite unavailability:

of using a credit against a subsequent order, or requesting the reimbursement of the price of the unavailable merchandise.

The reimbursement will be made at the latest thirty days following the request.

The delivery times indicated by Beton Concept Design are given for information only.

A longer than indicated actual delivery time shall not entail any indemnification to the Customer.

12. COMPLAINTS

Complaints about non-conformity of the product(s) delivered with the order must be formulated in writing directly to Beton Concept Design and this immediately upon receipt of the product(s).

The customer must keep the packaging and the delivery slip.

In the case of an error in the product, the customer is obligated to return the said product to Beton Concept Design within 7 days following its reception and on the condition that it is returned in its original state and condition and its original packaging.

Upon receipt of the product in due form, Beton Concept Design will resend at its own costs the product initially ordered.

13. GUARANTEE

The products sold come with the legal guarantee against hidden defects laid out by article 1641 and its following articles of the civil code.

In any case, in order to avoid any inconvenience, Beton Concept Design verifies the product(s) before shipping.

In the case of application of the guarantee, the customer returns, at his or her cost, the product to Beton Concept Design (following agreement by Beton Concept Design) joining with it the original of the invoice.

Upon receipt and following verification, the product will be exchanged for an identical product and shipped to the customer at Beton Concept Design’s cost, except in the case of depletion of the product in that range.

In this case, Beton Concept Design will proceed with the reimbursement of the price of the product following reception of the said customer’s banking details.

14. REGISTERED DATA

The data collected is necessary for the processing of the order and can be communicated to contracted partners of Beton Concept Design.

In accordance with the law n°78-17 of January 6, 1978, the customer has at all times a right of access and rectification of the data concerning him or her.

This right must be exercised on-line or by e-mail request to Beton Concept Design.

15. ELECTRONIC SIGNATURE

The “validation click” constitutes an electronic signature.

This electronic signature has between the parties the same moral and legal bind as a written signature.

16. PROOF

The computerized records, kept in Beton Concept Design’s computer system in reasonable security conditions, will be considered as proof of communication, orders and payments between the parties.

The filing of order forms and invoices is carried out on a dependable and durable support able to be produced as proof.

17. INTELLECTUAL PROPERTY

Any and all right to intellectual property of the Product, given in the scope of the present Terms and Conditions of Sales to the Customer, remains, without qualification, the full and entire property of the makers.

It is the same for trademarks, drawings, designs and models, copyright and other rights, which remain the exclusive property of their entitled parties.

Any reproduction or use of the rights of intellectual property cited above is subject to express and prior authorization from the different entitled parties.

18 INTEGRALITY OF THE CONTRACT

The present Terms and Conditions of Sales express the entirety of the parties’ obligations.

No other condition, general or specific, communicated by the customer can enter into or depart from the present general terms and conditions.

19. NON-VALIDITY

If one or more stipulations in the present general terms and conditions are held invalid or declared so upon application of a law, a rule or following a decision by a competent jurisdiction, the other stipulations will retain all their strength and their import.

20. LITIGATION

The present contract is subject to French law, as much for the content as for the form.

IN THE EVENT OF ANY DISPUTE ARISING BETWEEN THE PARTIES, AND WHICH THE PARTIES ARE UNABLE TO RESOLVE AMICABLY, THE PARTIES HEREBY EXPRESSLY AGREE TO ADJUDICATE THEIR DISPUTE, INCLUDING SPECIFICALLY, BUT NOT LIMITED TO, ANY AND ALL MOTIONS FOR SUMMARY JUDGMENT, BEFORE THE COURT OF COMPETENT JURISDICTION LOCATED IN THE JUDICIAL DISTRICT OF THE HEADQUARTERS OF BETON CONCEPT DESIGN. LIKEWISE, ANY AND ALL PETITIONS FOR, OR ACTIONS SEEKING, THE JOINDER OF A GUARANTOR AS PARTY OR IMPLEADER OF ANY ADDITIONAL PARTIES, AS WELL AS ANY PETITIONS FOR, OR ACTIONS SEEKING, ANY FORM OF INJUNCTIVE RELIEF SHALL ALSO BE BROUGHT SOLELY AND EXCLUSIVELY BEFORE THE APPROPRIATE COURT HERETOFORE MENTIONED.